Authority & Jurisdiction

Related Information Administrative Appeals Zoning Appeals

Authority

The three-member Board of Appeals is appointed by the County Council under the authority of Article 25A and Article 66D of the Annotated Code of Maryland to hear zoning appeals and general administrative appeals. Prince George's County became a chartered county in 1970 and the Maryland-Washington Regional District Act, Article 28, allows the land use authority given the Board of Appeals within the Maryland-Washington Regional District. Enabling legislation: Laws of Maryland, Chapter 448-1927; General Resolution No. 2-1968 created the Board of Appeals by merging the exising Board of Zoning Appeals with the newly-created Board of Administrative Appeals. The duties, powers and mandated operations of the Board are found in Sections 2-116 through 2-126 and Sections 27-229 through 27-234 (Subtitle 27 - "The Zoning Ordinance") of the Prince George's County Code. Section 27-229 clearly details the powers of the Board of Zoning Appeals as well as those powers it does not have.

Jurisdiction

All actions or decisions of the Board of Appeals are taken by resolution and all matters heard and filed separately within the respective jurisdictions of the Board of Zoning Appeals and the Board of Administrative Appeals. The municipalities of College Park, Bowie, Greenbelt and New Carrollton have been empowered to grant zoning variances within those jurisdictions.

As to zoning appeals, the Board is empowered to grant zoning variances when hardships occur by a strict interpretation of the zoning ordinance's provisions and review administrative decisions of the Park and Planning Commission, the Department of Environmental Resources and other county departments and agencies when their decisions relate to provisions of the zoning ordinance. The Board also grants extensions of the grace period for correction or cessation of zoning violations. The Board also may review actions and decisions by the Zoning Enforcement Officer and grant relief where warranted.

As to administrative appeals, these appeals stem from decisions by the Fire Marshal, the Department of Public Works and Transportation, County Health Officer, Chief Building Inspector and Housing Inspector, and the Department of Environmental Resources, and from similar administrative agencies.

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